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2012 DIGILAW 586 (PNJ)

Jasbir Singh v. State of Punjab

2012-04-19

M.JEYAPAUL, S.S.SARON

body2012
JUDGMENT 1. Reply by way of affidavit of Sh.Manjit Singh Kalra, PPS Superintendent, New Districl Jail, Nabha mentioning the period of imprisonment undergone by applicant-appellant No.2 Nirmal Singh filed in Court is taken on record. 2. Heard learned counsel for the parties. 3. The criminal miscellaneous application has been filed seeking suspension of sentence on behalf of applicant-appellant No.2 Nirmal Singh during the pendency of the appeal. In the incident that occurred on 14.4.2007, it is alleged by the complainant Inderjit Singh who died in the incident that he had gone to Rajpura to attend the Bhog ceremony of Faqir Chand who was his party worker in the Communist Party of India (M). At about 10.30 a.m. an Innova car came from behind him and stopped. Seven-eight persons came out from the Innova car. Inderjit Singh (complainant) identified Shamsher Singh and Harjinder Singh who were armed with ‘gandasas’. Nirmal Singh (applicant-appellant No.2) was armed with a ‘dat’. There were 3-4 unknown persons armed with different weapons. Two of them were armed with a sword each and another with a baseball bat. Thereafter, Jasbir Singh raised a lalkara that Inderjit Singh (complainant) should not be spared. The assailants then broke the windowpanes of the car of Inderjit Singh (complainant). The accused took out Inderjit Singh from his car and Shamsher Singh stated that he be taught a lesson pursuing cases against them. In the fight that ensued, injuries were caused to Inderjit Singh. Applicant-appellant No.2 Nirmal Singh hit Inderjit Singh with his dat on his right shoulder and inflicted a dat blow on his left leg. The complainant Inderjit Singh raised cries for help. Baldev Singh, Ajit Singh, Sukhdev Singh and Ranjit Singh reached at the spot. The accused then fled away from the place of occurrence. A vehicle was arranged and Inderjit Singh was taken to A.P.Jain Civil Hospital, Rajpura, from where he was referred to Government Medical College and Hospital, Sector 32, Chandigarh. Inderjit Singh died on 22.4.2007. The role attributed to applicant-appellant No.2 Nirmal Singh was that he gave dat blows that he was carrying on the right shoulder and left leg of Inderjit Singh (deceased). 4. In terms of the affidavit of Sh.Manjit Singh Kalra, PPS Superintendent, New Districl Jail, Nabha, the applicant-appellant No.2 Nirmal Singh has undergone actual imprisonment of 4 years 11 months and 10 days as on 22.3.2012. 4. In terms of the affidavit of Sh.Manjit Singh Kalra, PPS Superintendent, New Districl Jail, Nabha, the applicant-appellant No.2 Nirmal Singh has undergone actual imprisonment of 4 years 11 months and 10 days as on 22.3.2012. At present the applicant-appellant No.2 is on 6 weeks’ parole. There is no other case registered against him. Besides, he has not misused the concession of parole given earlier. The appeal is of the year 2010 and is not likely to mature of hearing in the near future. 5. Keeping in view the period of imprisonment, i.e. of about 5 years undergone by applicant-appellant No.2 Nirmal Singh as also the fact that the appeal is not likely to mature for hearing in the near future, it would be just and expedient that his sentence of imprisonment during the pendency of the appeal is suspended. The sentences of imprisonment of Jagtar Singh and Jaspal Singh, co-convicts of applicant-appellant No.2 have been suspended by this Court vide orders dated 16.11.2011 and 8.2.2012 passed in Crl.M. No.43104 of 2011 and Crl.M. No.64567 of 2011 in Crl.A. No.869-DB of 2010. 6. Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of applicant-appellant No.2 Nirmal Singh during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Patiala. ---------0.B.S.0------------